Chapter 1 - Introduction to Litigation - Concepts Flashcards
The resolution of disputes through the court system
Litigation
Resolution of disputes between private parties through the court system
Civil litigation
(1) is not between private parties but consists of government prosecuting an action against individuals who have committed crimes against society. If it results in damages to (2) or (3), civil suit may also be brought.
- Criminal litigation
- person
- property
Administrative litigation is the process by which (1) resolve disputes that concern their (2) and (3).
- administrative agencies
- rules
- regulations
Civil litigation allows parties to settle disputes in an (1) and (2) manner according to (3). Each (4) has its own procedure; actions filed in federal court follow the (5).
- orderly
- nonviolent
- formal rules
- states
- Federal Rules of Civil Procedure
3 sources of law
- statutes
- court cases
- constitution
Statutes are laws enacted by (1) or (2) legislatures that govern (3) and (4) rights and principles, as well as (5)
- state
- federal
- substantive
- legal
- procedural rules
All laws of Congress are found in the (1), which is divided into various (2) pertaining to subject matter. (3) are usually similarly divided.
- United States Code
- Titles
- State statutes
4.
In addition to US Code and state codes, (1) may also enact their own laws; these are referred to as (2). These typically govern (3) and may not (4).
- individual municipalities
- ordinances
- matters of local interest
- conflict with state/fed laws
An individual court may adopt (1) governing cases filed as long as they do not (2). These are referred to as (3).
- procedural rules
- conflict with state statutes
- local rules of court
(1) are decisions of the courts interpreting the law. Once a decision is made, the court will generally write an (2). Ones that address important or unique issues are often (3) for use as (4).
- Cases
- opinion
- published
- precedents
a body of law brought by colonists from England that has developed from usage and custom, and was affirmed by English judges and courts. Still used where applicable and not in consistent with constitutions.
common law
The (1) is the highest law of the land. No rule of law enacted by a state may violate the (2), and no (3) or (4) may violate the (5).
- federal constitution
- state’s constitution
- state constitution
- state/federal law
- federal constitution
Litigation begins when the aggrieved party files a (1) in the appropriate court, or when the (2) files this against the (3).
- complaint
- plaintiff
- defendant
In a complaint, the plaintiff must state the (1) and (2). The complain is served along with a (3) commanding the defendant to appear before the court.
- basis of the claim
- request specific relief from the court
- summons
The complaint is always filed in the (1), which for the federal court system is the (2). Each state has at least one (3). In some states the trial court is called the (4) or (5), with inferior courts (quicker, less expensive) referred to as municipal courts, justice courts, city and parish courts and small claims courts.
- trial court
- United States District Court
- district court
- superior court
- court of common pleas
Losing parties have an (1). In the federal system, this is referred to as the (2) for the (3) in which the district sits. There are (4) circuits plus (5) with its own. There is one additional Court of Appeals to hear appeals from (6).
- automatic right to appeal to the next highest court
- Court of Appeals
- circuit
- 11
- District of Columbia
- special courts
Appellate courts are limited to a (1) of the court below, and will not (2) or (3). The appealing party must show an error in (4) or (5).
- review of the record
- hear from witnesses
- take new evidence
- application of law to the facts
- reaching a decision based on the facts
All parties in an appeal (1) and (2). The latter is a chance for lawyers to (3) and (4).
- submit written briefs on issues
- present an oral argument
- answer questions
- explain their clients’ positions more fully
4 decisions judges in an appellate court may make
- affirm
- affirm with modification
- reverse
- reverse and reprimand
Appellate court rules that the decision of the court below should remain the same with exception to a particular element
affirm with modification